access road. second, the land acquisition agreement between the city and moma that you approved in 2010 required we provide an easement to the hotel over this area. thus, it will not occur unless and until an easement is put in place. third, the museum has offered to pay the revocable access easement. i provided a draft of the agreement to be a turning. fourth, the eir contains an apartment measure to make sure the area is managed properly to provide access to the porte- cochere and loading docks, 24 hours a day, seven days a week. the eir adequately support -- describes access in a manner similar to current operations.

because there will be minimal change to current operations, the eir concluded there will be no significant transportation impact with modification of the new block area. we believe our written order to record and a revocable easement removes any possibility -- an irrevocable easement removes any possibility. the next claim is that the eir did not adequately analyze construction in parks, particularly the temporary relocation of hotel access and valet parking. that is untrue. both the draft eir and the comments and responses describe relocation during construction. because the number of trucks and valet parking vehicles associated with the hotel is so small compared to background volume, the eir concluded the

impact was not significant. after the eir was published, the museum and hotel staff continued to meet. they have agreed on a construction scheme. by december 22 letter provides a detailed description of that to reconstruction. this plan was presented to staff on december 21, and mta staff think the plan is feasible and can be implemented. the plan is also described in the eir in pages 57 through 59. according to the appeal, the temporary relocation of the loading and parking routes are uncertain and inadequately analyzed. i would note the eir also uncovered other elements of the construction, including noise, air quality, and other traffic. views -- the next plan is that the eir underestimates affects

on views from guest rooms in the hotel. they claim the impact from the 200-foot tall building will significantly impact the 320- foot tall hotel, and therefore must be mitigated by a redesign of the expansion project. they said the is that the impact will be significant unless the expansion project be reduced from 10 stories in height to two stories. the impact on views from private guest rooms are not considered to have an impact. the eir and college there would be few in practice on hotel rooms from private hotels, but those are not significant. the events in the theory that views from private hotel rooms are really public views, because any member of the public can rent a room. we submit that those views remain private, no matter who

rents a room. guests are only there for a few nights at a time. even if the view is impeded, the index is temporary. the boot should reject this and uphold a longstanding policy that considers public views part of the environment, but not private views. this is no more than a tactic in the ongoing campaign to attract cash from sfmoma, despite settled law and years of ceqa analysis in san francisco. they believe views from the hotel are deserving of special protection and private compensation. for months, they have been demanding the museum paid millions of dollars for building a 200 ft tall museum next to the 325 naoto, even though the current high limit is 320 feet. we submit this is nothing more than another step in ongoing efforts to bully the museum into paying a ransom. i include as an attachment in my

brief a copy of the letter from peter wong to the chair of the board on october 12, 2011. in that letter, mr. wong clams expansion project will reduce the value of the hotel and $24 million, proposes that the museum compensate for the alleged impact, and threatens litigation to delay the project unless demands are not satisfied. it would be hard to find a more explosive or direct demand. nowhere is there concern about the adequacy of the e.r.. the eir is adequate and complete, and there is no substance to this appeal. the museum has submitted a systematic -- schematic design that has a 14.5 ft. passageway for the hotel's benefit. we ask that you reject this

appeal and not allow them to play this game, using the ceqa process to try to advance their private goals. let me introduce the museum director. thank you. >> good afternoon. i am the museum director. there is no question we are at a very exciting moment in the history of the museum with this expansion. i do not think there is any -- i am sorry. president chiu: thank you. your time is up. does anyone have questions to this individual? we can move into public comment. supervisor kim: if you could please finisher summary of the project. >> is that all right to do? ok. as i began to say, sfmoma one of the great museums of modern art in this country, and it is no exaggeration to say the

expansion will take the cultural life of this city to a nother level, and make this one of the great museums in the world. i want to emphasize the civic role the museum has continued to play for the city. as i think we all know, when we moved to the current location in 1995, it enhanced the development of the soma neighborhood. expansion will further enhance the neighborhood. the trans a terminal will open soon, and sf-bound commuters will be thrust into the city west in the direction of sfmoma. the museum entrances will be an opportunity for the streets to become lively pedestrian zones. i want to mention the public service we provide to the san francisco audience. we have approximately 650,000 visitors annually. fully 100,000 are free, through various free days and family

free days. there will be a dramatic increase in our visitation. we will be able to serve the educational function of the museum even better, going forward. third, the economic impact of our expansion will be enormous. the construction project will employ an estimated 1150 union construction workers. payroll for those individuals is estimated at $56 million. the annual sales and use tax generated will rise to $1.10 million. we are proud of the innovative agreement with the fire department that will enable the construction of the first new firehouse in san francisco in many decades, at a better location with less traffic. the fire department will be able to provide better service to the city. i want to emphasize that we have been responsive to many city agencies and community groups. with the fire commission, they

unanimously approved the fire station in concept as well as design. the arts commission has unanimously approved the design. it has been before the planning commission on two occasions. the board of supervisors unanimously approved a land swap the nibbling this all to occur in the relocation of the fire house. we have also met with spar, the -- spur , the yerba buena, alliance, and all of our neighbors, including the family that owns the restaurant on howard street. with regard to the hotel, we understand they have concerns. we have pledged and begun to work collaborative lisa or construction will minimize -- collectively so our construction will minimize its impact on them. we are very grateful to the planning commission for the eir. thank you very much. president chiu: are other

members of the public who wish to speak in general public comment on this? if you could please line up -- if folks could line up on the right hand side. any other members of the public wish to speak in support of the project sponsor? mix speaker, please. thank you. >> my name is lisa. i am the director of arts and culture marketing for the san francisco travel association, formerly known as the convention and visitors bureau. my job is to ensure the visitors are aware of the cultural offerings of the city, and to entice them to book travel to san francisco. our current research tells us that in 2010 the total spending for visitors in san francisco is $8.40 billion. we learned three weeks ago that $1.80 billion are attributed specifically to those here for arts and culture purposes.

national research by the office of travel and tourism and the americans for the arts tells us coltrane travel stay longer and spend twice as much money. , -- cultural travelers stay longer and spend twice as much money. this will add to the quality of life for residents and visitors. the travel industry is incredibly competitive. improving assets insurers we remain competitive. in 2011, after 17 years as a conde nast favorite city, san francisco is now second to south carolina. it will attract visitors throughout the world and will attract -- and will keep us competitive with other destinations. we expect this to garner media coverage for san francisco. with the addition of the fischer collection, we expect this will

be great news for quattro institutes and restaurants throughout san francisco. we greatly hope you will support this eir. thank you. president chiu: i want to welcome our fire chief to the podium. >> very briefly, i would like to support this project. the fire department has enjoyed a productive working relationship with the museum of modern art. a great situation for them, but i think a better situation for us and the citizens' research. we currently reside at 676 howard, a crowded, aged facilities. we now have the opportunity to move into a state-of-the-art facility on folsom. we have an outreach with different agencies. supervisor kim has been

particularly involved, as have other supervisors. we feel this is a win for the city and the fire department. we appreciate this project and how it moves forward. thank you. president chiu: next speaker. >> michael terrio. i will be brief. i think there was a thorough will buckle of the appeal. -- rebuttal of the appeal. in terms of the public view and affect of the museum, just as the original museum provided an enhancement to the public view, so the dramatic design will provide an enhancement. this is not a refrigerator box. this is a handsome and dramatic building. we look forward to working on it. we remain fully in support of it. we ask you to reject the appeal. president chiu: next speaker.

>> many floras, carpenters' local 22. -- manny flores. in my opinion, this is a no- brainer. it is a great project, obviously, a win-win for the city. deny the appeal and move forward. thank you very much. president chiu: any other members of the public wish to speak in support? with that, why don't we hear from the rebuttal from the appellant? you have up to four minutes for your bottle -- rebuttal. >> thank you, supervisors. christine griffith again. i want to quickly address some of the points that were raised. he cited that the eir does show how access would occur. that is true. it does show how to access would

occur. but it does not show is the impact of traffic on local streets, how garbage trucks and cars that would normally be in the valet area will be parked on already-busy streets. similarly, he cited that the design analyzed in the eir is consistent with the design recently released to the public. if the design was consistent, i wonder why the museum waited to release it until after the eir was certified. in fact, if you look closely, you will see the materials and design are different, and that does affect the visual analysis. the easement referred to was not part of the eir analysis, and thus cannot be a negation measure or mitigating factor for the impact that should be analyzed in that document.

the easement that of the moma has offered is not permanent and irrevocable. it's specifically allows unilateral termination. with regard to construction traffic, if the volume of trucks and cars were moving along the streets, it would be an insignificant impact on an already busy area. but instead of driving with the traffic, the trucks and cars will be stopped on the side of the road, blocking lines of traffic. that does have a significant impact on the local traffic situation. finally, contrary to the characterization, our appeal does raise legitimate and significant concerns about the environmental analysis of this project. that this project is extremely popular does not negate city responsibilities under state law. the project will have, in

addition to significant environmental impact, a significant financial impact on the hotel. no one denies that. 112 rooms that currently have a bridge rooms will instead face a concrete wall 20 feet away. -- that have the eight bridges use -- that have bay bridge view instead face a concrete wall 20 feet away. we are committed to continuing to work with the moma. as far as timing, it took a full month for the museum to respond to our letter from november 22. o request for additional time is legitimate and called for. thank you for your time. president chiu: colleagues, any question to the appellant or any of the parties involved? seeing none, this hearing is closed. the matter is in the hands of the board.

supervisor kim: i know that many of the public comments that came forward or very supportive of the project. i want to add that i am also supportive of the project. i think the expansion of the museum and relocation of the fire department will be of great benefit to our city and the south of market neighborhood. but the question before us is whether the eir in front of us is adequate, accurate, and complete. having listened to both of the arguments and having read the planning department response to the appellant, i believe that we have met our obligation under the eir. while the specific design and mitigation was not included, i believe that what was included is in alignment with what will

be coming forward before us. some of the negations were outlined in the eir and will be later codified in the development coming before us. i would like to move forward with item 33, tabling item 34 and 35. president chiu: the supervisor has made a motion, seconded by supervisor campos. further discussion? take a roll-call vote. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: -- supervisor cohen is absent. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye.

president chiu: i think supervisor cohen is just stepping onto the floor. do we need to send the boat? -- recind the vote? without objection, that vote is rescinded. again. supervisor avalos: aye. supervisor weiner: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. >> there are 10 ayes. president chiu: at this time, the final eir has been certified. with that, why don't we go to items 15 through 17? >> item 15 is an ordinance amending the planning code to

change the use classification of 676 howard st. and a portion of 935 pull some street. a and 16 orders the summary vacation of hunt street. item 17 amends the general plan map. president chiu: any discussion on these items? same house, call? -- same call? it is my understanding that supervisor olague can vote on these matters. i asked the court to put a quick call into her office for that -- i ask the clerk to put a quick call into her office for that. come on in. ok. we cannot take a roll-call vote on items 1527 -- we cannot now

take a roll-call vote on items 15 -- we can now take a roll- call vote on items 15 through 17. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor olague: aye. >> there are 11 ayes. president chiu: those ordinances are passed on the first reading. why don't we move to roll call. >> roll call for introductions. supervisor weiner: today, i am introducing a supplemental appropriation, and i am joined in this appropriation by mayor lee and supervisors campos and

olague to backfill hov public funding cuts -- hiv public funding cuts. nancy pelosi has heroically fought for people living at risk for hiv, and has brought enormous amounts of funding to these critical services. she has fought tooth and nail to protect that funding. the ryan white care act is a critical piece of that. leader policy has done an extraordinary work in protecting land -- ryan white. we also have members of public -- of congress who have targeted the funding year in and year out. we are now experiencing a serious cut. next fiscal year, it will be

over $4 million. i know we will go through quite a budget process to figure out how to address that. but we know san francisco has a firm commitment to those living with and at risk for the disease. i for one and many others are not going to allow that safety net and those services to deteriorate. the cut we are experiencing for the march 1-june 30 time. -- timeperiod is approximately $1.80 million. this would appropriate $1.80 million from a reserve we established for state and federal cuts. i want to thank mayor lee for immediately supporting and cheerleading this appropriation, and supervisors campos and olague for working with me and the mayor to move this forward. that is my introduction.

the rest i submit. supervisor cohen: colleagues, on december 29, the california supreme court issued a ruling that upheld assembly bill 26, which dissolved free development agencies, and struck down the assembly bill 27, which provided redevelopment agencies an opportunity to continue by making payments to the state. as a result of this, the city redevelopment agency will be dissolved as of february 1 of this year, and the city must accept and continue the enforceable obligations. this ruling has immediate and significant impact not only to the neighborhoods that have current redevelopment project areas, predominantly in district have and 6, but also in the city -- districts 10 and 6, but

also in the city as a whole. there are existing contractual obligations, such as mission bay development, candlestick point, and trans bay. however, this ruling has significant impact for affordable housing and other investments that the redevelopment agency was making in our more challenge neighborhoods, such as funding for local hire opportunities for at-risk populations, funding for neighborhood revitalization work. that includes small business support and improvements. project that completed the re- development planning process m were negotiated contracts -- in were negotiated contracts. under the assembly bill, the city must immediately do a number of things to protect the supply of affordable housing in

the projects that will be able to continue. therefore, today i am submitting and introducing a resolution that transfers the redevelopment agency's affordable access to the mayor's office of housing. it also provides for required payments of enforceable obligations by the city, as well as authorizing a new oversight board, which is required by the state legislation to oversee the fiscal management and access of the former redevelopment agency, including issuing new bonds, and to exercise land-use authority over the project that will continue, and remove redevelopment authority from treasure island. we need to work together to ensure that these projects that

have been affected by the loss of redevelopment will be able to be continued. we also need to make sure the successor entity created is centralized and has a corporate stuff, leadership, and accountability to the residents of the areas. i am committed to working with all parties on this complex issue, including affordable housing, labor, and developers. it will be a complicated and difficult process, but one where we need to ensure we preserve all our goals and objectives that the city previously outlined, and its previous commitment to communities and neighborhoods across the cities. the mayor indicated the persons who will be a part of the successor entity, and i look forward to supporting it. >> supervisor farrell?

supervisor chu? supervisor kim? supervisor kim: i want to welcome our newest colleagues, christina olague. i was pleased the mayor appointed another female to the board of supervisors. for a long time, we have had no more than three, although in the past decade we had many more. on top of that, you are highly qualified, and i know your work well in the community, as a planning commissioner and organizer of the senior action network. your work around affordable housing and anti-gentrification in many of our neighborhoods -- i am excited to see you here. i appreciate your service to the residents of district 5 and want to commend the mayor on his appointment. i want to think supervisor -- thank